ABSTRACT

The Association for the Defense of the Prosecutor asked the Ministries of Justice and Economy and Competitiveness as well as the General Council of Colleges of Prosecutors of Spain (CGCPE) for information on the proposal regarding the operation of the service of notifications and collection to the prosecutors. The request did not receive a response.

When the complaint was filed and the complaints procedure was opened, it was indicated that it had no information or background on what had been requested.

In its resolution, and since the existence of information on the matter in which the applicant was interested had not been established, the Council of Transparency and Good Governance decided to reject the resolution, considering that it was appropriate to apply article 18.1 (d) of the LTAIBG according to which applications addressed to a body in whose possession the information is not held may be inadmissible. In addition, with regard to some of the information requested, the Council took into account that an information file reserved by the National Market and Competition Commission was open at the same time.

Status: At this moment there is already a judgment of the Madrid Administrative Court No. 2 and an appeal to the National High Court.